Does a defendant plead in bar to a plaintiff's action in the municipal court for damages for personal injuries arising out of a motor vehicle accident?

California, United States of America


The following excerpt is from Holmes v. David H. Bricker, Inc., 71 Cal.Rptr. 562 (Cal. App. 1968):

Pratt v. Vaughan, 2 Cal.App.2d 722, 38 P.2d 799, is also distinguishable from the case before us. There defendant pleaded, in bar to plaintiff's action in the superior court for damages for personal injuries arising out of an automobile accident, the judgment in favor of defendant in plaintiff's action in the municipal court for damages to his automobile arising out of the same accident. On appeal from a judgment for defendant in the superior court action, appellant contended that (p. 723, 38 P.2d p. 800) "the damage to property and injury to person, although resulting from the same wrong, are infringements of different rights and give rise to separate causes of action, and the recovery under one cause of action can not be pleaded in bar of a recovery on the other cause of action." This contention, said the court in affirming the judgment, overlooks the true basis for the determination of the case by the

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